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Benjamin Smith v. United States of America; Dan Peterson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 1, 2011

BENJAMIN SMITH, PLAINTIFF,
v.
UNITED STATES OF AMERICA; DAN PETERSON, FACTORY MANAGER, FCI RAY BROOK; SUSAN KEIFFER, CASE MANAGER, FCI RAY BROOK; FEDERAL CORRECTIONAL INDUSTRIES (UNICOR), FCI FLORENCE, FLORENCE, COLORADO; MR. FELNER, UNIT MANAGER, FCI RAY BROOK; D. KIRKBY, FACTORY FOREMAN, FCI RAY BROOK; MR. LUCAS, CASE MANAGER, FCI RAY BROOK; AND T.R. CRAIG, FACILITY SUPERINTENDENT, FCI RAY BROOK, DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

This pro se action brought under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), was referred to the Hon. Judge David R. Homer, United States Magistrate Judge, for a Report and Recommendation.No objections to the Report-Recommendation and Order dated February 3, 2011 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.

II. CONCLUSION

Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. It is therefore ORDERED that Defendants' motionfor summary judgment (Dkt. No. 23) is GRANTED IN PART AND DENIED IN PART.

The motion is GRANTED as to the claims for:

A. Interference with mail;

B. Retaliation/false disciplinary reports;

C. Eighth Amendment claim of inadequate medical care; and

D. Product liability/negligence under the FTCA, and these claims are DISMISSED.

The motion is DENIED as to the claims for:

A. A biased hearing officer; and

B. Conditions of confinement.

Based on this determination, all defendants are TERMINATED except Defendant Felner.

IT IS SO ORDERED DATED:March 1, 2011

20110301

© 1992-2011 VersusLaw Inc.



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